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Globalisation in Islamic Capital Market Instruments : The Role of Islamic Financial Services Board Services Board Abdullah Haron Assistant Secretary General Islamic Financial Services Board

The Role of Islamic Financial Services Board Haron.pdf · The Role of Islamic Financial Services Board ... • Kafalah (based on guarantee ... Types of International Sukuk Issued

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Page 1: The Role of Islamic Financial Services Board Haron.pdf · The Role of Islamic Financial Services Board ... • Kafalah (based on guarantee ... Types of International Sukuk Issued

Globalisation in Islamic Capital Market Instruments :

The Role of Islamic Financial Services BoardServices Board

Abdullah HaronAssistant Secretary GeneralIslamic Financial Services Board

Page 2: The Role of Islamic Financial Services Board Haron.pdf · The Role of Islamic Financial Services Board ... • Kafalah (based on guarantee ... Types of International Sukuk Issued

Agenda

The Islamic capital market, concepts, structures and statistics

Challenges in globalizing the Islamic capital market instrumentsIslamic capital market instruments

Role of the IFSB in the globalization of Islamic capital market instruments

www.ifsb.org

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The Islamic Capital Market (ICM)

The Islamic Capital Market refers to a market where the capital market transactions, operations and activities are carried out in ways that do not contravene Shari`ah principles and requirements

Compliance with the Shari`ah requirement involves:

• prohibition of payment/receipt of interest, or riba.• prohibition of payment/receipt of interest, or riba.• prohibition of activities with elements of

uncertainty, or gharar

• Prohibition of gambling activities, or maisir

• Prohibition of the production and sale of goods and services that are prohibited in Islam

Structured through underlying contracts of exchange

• There must be an underlying asset• Profit are generated from the performance of the

assets

www.ifsb.org

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The Concepts

According to their application in Islamic finance, contracts can be divided into:Exchange contracts-for creating financing securities

• Murabahah (based on cost plus concept)• Bai Salam (based on deferred delivery concept)• Bai Istisna (based on deferred payment concept)• Ijarah (based on leasing concept)• Ijarah Thumma Bai (based on leasing with option to • Ijarah Thumma Bai (based on leasing with option to

purchase concept)

Participating contracts for creating equity securities

• Musharakah (based on profit and loss sharing concept)

• Mudharabah (based on profit sharing and loss bearing concept)

Other contracts• Rahn (based on collateralised financing concept)• Kafalah (based on guarantee/underwriting concept)• Qard (based on welfare concept)

www.ifsb.org

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ICM as an integral part of the Islamic financial system

Islamic Islamic

BankingBanking

An efficient conduit for mobilisation of funds

� long term fund raising and investment; enhances depth & resilience of Islamic financial system

Gaining momentum as vibrant sector

Islamic Islamic

capital capital

marketmarket

TakafulTakaful

Islamic capital Islamic capital marketmarket to provide

long term fund raising and

investment and enhance depth & liquidity of Islamic financial system

sector

� Increased preference for Shari’ah compliant products among Muslims

� Emergence of new demand from the Middle East, South-East Asia, South Asia and North Africa

� Conventional investors regard ICM as a new asset class

www.ifsb.org

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• Dual currency structured investment

• Islamic asset-based financing • Islamic equity based financing• Islamic asset-backed securities

ICM Products & Services

• Shari`ah-compliant trading

• Shari`ah-compliant stocks • Islamic unit trusts• Islamic REITs• Islamic index

Islamic

Equity

Market

Islamic

Sukuk

Market

Islamic investment

• Equity linked structured investment

• Crude Palm Oil futures • Crude Palm Kernel Futures • Single Stock Futures

• Shari`ah-compliant trading • Shari`ah-compliant margin

financing

Islamic

Stockbroking

Shari`ah

compliant

derivatives

Islamic

Structured

Products

Source: Securities Commission Malaysiawww.ifsb.org

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ICM Statistics

More than 300 Islamic financial institutions and 80 takaful operators with assets over US$1 trillion worldwide

Increasing in liquidity, particularly from GCC countries due to oil price surge

Over 350 Shari`ah-compliant funds valued at over US$300 billion globally billion globally

Market capitalisation of Dow Jones Islamic Index more than US$20 trillion

Global sukuk market valued at more than US$75 billion

www.ifsb.org

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Sukuk Issuance by Country (2001-2007)

Qatar

2.1%

Sudan

0.3%

Pakistan

2.4%

Malaysia

33.1%

UAE

37.3%

Saudi Arabia

16.2%

Bahrain

5.5%

UK

0.4%

US

0.2%

Region wide

1.1%

Brunei

1.1%

Indonesia

0.1%

Germany

0.2%

Source: Zawyawww.ifsb.org

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Sukuk Issuance by Sector (1H08)

Financial services

39.5%

Sovereign

6.3%

ICT

0.7% Construction

1.1%

Manufacturing

0.2%

Oil & gas

13.4%

Conglomerate

1.6%

Power/Utilities

13.3%

Real estate

23.7%

Agri/Food

0.2%

Source: Zawyawww.ifsb.org

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Types of International Sukuk Issued (2001-2007)

Mudarabah

18.4%

Manfaah

2.2% Istisna

2.4%

Securitisation

0.7%

Salam

0.3%Murabahah

5.0%

Ijarah

43.5%

0.7%

Musharakah

27.5%

Source: Zawyawww.ifsb.org

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Islamic Funds by Geographical Distribution (Domicile)

Saudi Arabia

18%

Bahrain

6%

Kuwait

10%Offshore

20%

Indonesia

5%

Malaysia

22%

Others

19%

Source: Eurekahedgewww.ifsb.org

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Islamic Funds by Asset Class Breakdown (2007)

Money market

13%

Balanced

8%

Fixed income

6%

Equity

52%

Others

21%

Source: Eurekahedgewww.ifsb.org

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Present state of Islamic finance

Recognised as an integral component of the global financial system

� Operate in a competitive environment – performing relatively better than conventional during the period of turmoil

Diverse Systems and Environment

� To a large extent, institutions are governed by the same regulatory framework applicable to conventional financial system

Lack of Reliable and Comparable Financial Information

Need for Continuous Education

www.ifsb.org

� Evolve to become an industry beyond domestic borders – encouraging growth in size and scope

� Transformation of entire economies

� Selective and non-mandatory compliance with some Shari`ahstandards

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Significant initiatives

Development of Supervisory Standard Practices• Formation of various institutional supports

The same issues in the conventional financial markets that may affect Islamic financial services industry are, among other things, informational asymmetry, moral hazard and regulatory arbitrage.

Establishment of Regulatory Framework and Market Infrastructures in Certain Countries• Prudential information and regulatory framework for institutions

offering Islamic financial services

www.ifsb.org

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Financial Infrastructure

Institutions

• Strong corporate governance

• Cultivation of Risk Management Culture

• Operational efficiency

• Transparency and information disclosure

• Financial instruments and markets

• Wider market coverage• Public knowledge and

understanding

Inter-related foundation

Shari`ahFramework

Legal and Judiciary

Framework

Regulatory & Supervisory Framework• Comprehensive and

appropriate framework• Greater cooperation among regulators and other relevant organisations

• Enabler to innovation and creativity

• Capability to comply with Shari`ahstandards

• Facilitative and sound legal, accounting and tax frameworks

www.ifsb.org

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Establishment of financial instruments

Improve efficiency Commitment to common goals

Formulation of early Maintain sustainability Coordinated activities

BenefitsCritical

FactorsGoals

Strengthening the foundation

Formulation of early warning system

Maintain sustainability and transparency in reporting

Coordinated activities across sector

Formulation of the rules governing conduct of business

Enhance corporate governance

Commitment to implementation

Development of concept on regulation

Ensure Shari`ah

compliance and systemic stability

Political acceptance and harmonisation of market practices

www.ifsb.org

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Challenges in globalizing ICM instruments

Enhancing Regulatory Framework Reinforced By Shari`ah Framework• High degree of convergence and harmonisation to create level

playing field• Mitigate any opportunity for regulatory arbitrage• Mitigate risks inherent in Islamic Financial system

Enhancing Shari`ah Framework• Unity in diversity• In line with initiatives to enhance legal and judicial frameworks

Enhancing Supervisory Framework for Effective Supervision

Enhancing Public Confidence Through Transparency and Disclosures

www.ifsb.org

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Maintaining the momentum of globalizing ICM instruments

Demystify Islamic financial terms • Make them more understandable• Further build on the reputation of ethical and socially responsible

principles underpinning Islamic products

Provide more data on Islamic finance• Centralise data gathering and dissemination among countries• Centralise data gathering and dissemination among countries• Increased availability of reliable and comparable financial

information for effective assessment

Create innovative products adaptable to rapid changes to market demands in the wake of globalisation, liberalisation and technological advancements

Initiate greater collaboration in terms of resources and commitment for effective regulatory and supervisory framework

www.ifsb.org

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Maintaining the momentum of globalizing ICM instruments

Ensure regulatory agenda remains dominated by the following priorities• Enhance the awareness and understanding of Islamic products• Strengthen internal management and control infrastructure• Align with internationally established standards and foster

significant improvement over disclosure• Employ appropriate assessment of capital adequacy and risk • Employ appropriate assessment of capital adequacy and risk

management

Human intellectual capacity building must be accorded with high priority in the development efforts

www.ifsb.org

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Islamic Financial Services Board (IFSB)

Based in Malaysia, officially inaugurated on 3 November 2002, and started operations on 10 March 2003

Serves as an international standard-setting body of regulatory and supervisory agencies that have vested interest in ensuring the soundness and stability of the Islamic financial services

www.ifsb.org

the soundness and stability of the Islamic financial services industry, broadly defined to include banking, capital markets and takaful

The work of the IFSB complements that of the BCBS, IOSCO and IAIS

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Objectives

Develop standards and recommend its implementation

Provide guidance on effective supervision and regulation & develop risk management & disclosure criteria

Establish cooperation with other international standard-setting bodies & member countries

Enhance and coordinate initiatives to develop instruments and Enhance and coordinate initiatives to develop instruments and procedures for efficient operation and risk management

Encourage cooperation among member countries

Facilitate capacity building and development of human capital

Undertake research

Establish database

Miscellaneous objectives agreed by the General Assembly

www.ifsb.org

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Organisational Structure

General Assembly

Council Members

The representative body of all the members of the IFSB namely, Full Members, Associate Members and Observer Members.

The senior executive and policy making body of the IFSB. It shall consists of one representative from each Full Members who shall be the senior executive officer of that Full Member or such other senior person nominated to represent him from time to time.

www.ifsb.org

Technical Committee

Working Group /

Task Force

Secretariat

The body responsible for advising the Council on technical issues within its terms of reference (as determined by the Council). It shall consists of up to 15 persons selected by the Council and shall have a term of office of three years.

Working Group is a committee established to be responsible for drafting standards and/or guidelines.

Task Force is a committee established to be responsible for undertaking ad-hoc tasks.

The permanent administrative body of the IFSB. It is headed by a full-time Secretary-General appointed by the Council on such terms and conditions determined by the Council. The Secretariat is based in Kuala Lumpur, Malaysia.

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Membership

175 members from 34 countries

The GENERAL ASSEMBLY is the representative body of all the members of the IFSB namely, Full Members, Associate

Members and Observer Members.

By organisational demarcationBy membership type

www.ifsb.org

2121

2121

133133

Regulatory / supervisory

authorities

Inter-governmental

organisations

Financial institutions and

professional firmsObserver MemberObserver Member

Associate MemberAssociate Member

Full MemberFull Member

Membership as at September 2008

4242

66

127127

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IFSB activities – Overall overview

Since its inception, the IFSB has issued seven standards, guiding principles

and technical note for the Islamic financial services industry focusing on Risk Management, Capital Adequacy, Corporate Governance, Supervisory Review Process, Transparency and Market Discipline, Recognition of Ratings on Shari`ah-Compliant Financial Instruments as well as the Development of Islamic Money Markets.

The IFSB is also working on new standards and guidelines on 1) Special Issues in Capital Adequacy;

2) Governance of Investment Funds;

7 PUBLISHED

STANDARDS

2 EXPOSURE DRAFTS

3

Standards DevelopmentIN NUMBERS

www.ifsb.org

Awareness programmes

Facilitating the Implementation of IFSB Standards

2) Governance of Investment Funds;

3) Corporate Governance in Takaful Operations; 4) Shari`ah Governance; and 5) Conduct of Business.

The standards prepared by the IFSB follow a lengthy due process as outlined in its Guidelines and Procedures for the Preparation of Standards/Guidelines which involve, among others, the issuance of exposure draft and, where necessary, the holding of a public hearing.

3 INITIAL

DISCUSSIONS AND

DRAFTING

IFSB-FIS WORKSHOPS

SEMINAR, CONFERENCE

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Risk Management Supervisory

Review Process

Money

MarketConduct of Business

Working Group is a committee established to be responsible for drafting standards and/or guidelines.

Task Force is a committee established to be responsible for undertaking ad-hoc tasks.

Standards Development – Working Group/ Task Force

www.ifsb.org

Capital Adequacy

Corporate

Governance

Transparency &

Market Discipline

Special Issues in

Capital Adequacy

Governance of

Investment Funds

Governance of

Takaful Operations

Shari`ah Governance

Solvency

Requirements for

Takaful Operations

11 WORKING

GROUPS

Prudential

Statistics

Human

Resource

3 TASK FORCES

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Standards Development - Published Document

DocumentsCommencement of

preparationIssuance

IFSB-1: Risk management 2003 2005

IFSB-2: Capital Adequacy 2003 2005

IFSB-3: Corporate Governance 2004 2006

IFSB-4: Transparency and Market Discipline 2005 2007

IFSB-5: Supervisory Review Process 2005 2007

Recognition of Ratings by External Credit Assessment Institutions

2006 2008

Development of Islamic Money Markets 2006 2008

www.ifsb.org

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Standards Development - Work in Progress

DocumentsCommencement of

preparationIssuance

Special Issues in Capital Adequacy 2006 2007 (ED)

Governance of Investment Funds 2006 2007 (ED)

Governance of Takaful Operations 2006 2009 (ED)Governance of Takaful Operations 2006 2009 (ED)

Sharī`ah Governance May 2007 2009 (ED)

Conduct of Business May 2007 2009 (ED)

www.ifsb.org

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Issuance

of the

Standard

Identify /

present

current

status of

Implementati

on

Next StepImplementation

Challenge

Conduct reviews on the

implementation of the

IFSB Standards

Improve understanding

of the IFSB Standards

Address findings from the

feedback and discussions

Facilitating the implementation of the IFSB standards

www.ifsb.org

• Strong project

management skills and

efforts

• FAQ, impact studies,

discussion and sharing

views

• Key areas of possible

reforms

• Fine-tune the standards

in synch with the pace of

development or specific

jurisdiction

Process of facilitating the

implementation:

(a) High-level meetings

with regional supervisors;

and

(b) Focus workshops

A few institutions have

indicated their willingness

to provide technical

assistance and participate

in the process

Organising IFSB-FIS Workshops

Developing guidance note

Facilitating provision of technical

assistance

ONGOING EFFORTS:

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Awareness programmes

The IFSB is actively involved in the promotion of awareness of issues that are relevant or have an impact on the regulation and supervision of the Islamic financial services industry. This mainly takes the form of international conferences,

Seminar

Summit

Interactive Session

Public Lecture

Forum

Conference

of international conferences, seminars, public lectures, dialogue sessions, forums and meetings staged in many countries.

Public Lecture

www.ifsb.org is the main

communication tool for the IFSB to disseminate information to members and stakeholders.

Website

www.ifsb.org

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Thank you for your attention